Bond Stores v. Am. Union Ins. Co. of New York

Full title: BOND STORES, INC., Appellant, v. AMERICAN UNION INSURANCE COMPANY OF NEW…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 25, 1959

8 A.D.2d 808 (N.Y. App. Div. 1959)

Opinion

June 25, 1959

Determination of the Appellate Term and the order of the Municipal Court are unanimously reversed, on the law and in the exercise of discretion, with costs in this court and $30 costs and disbursements in the Appellate Term and the motion to vacate and set aside the judgment is denied, with $10 costs. Even taking cognizance of the supplemental affidavit submitted by defendants, it has failed to make an adequate, affirmative showing of a meritorious defense ( Barnett Co. v. St. Paul Fire Marine Ins. Co., 7 A.D.2d 897).

Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.